Justia Immigration Law Opinion Summaries

Articles Posted in North Carolina Supreme Court
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The Supreme Court held that the trial court erred by failing to summarily deny the applications for the issuance of a writ of habeas corpus submitted by Petitioners, Carlos Chavez and Luis Lopez, for its consideration in this case. A sheriff entered into an agreement with the United States Immigration and Customs Enforcement pursuant to section 287(g) of the Immigration and Nationality Act, 8 U.S.C. 1357, that certified deputies to perform specific immigration enforcement functions, including the detention of undocumented aliens. Petitioners, who were being held in pretrial detention pursuant to immigration-related arrest warrants and detainers, filed petitions seeking the issuance of a writ of habeas corpus. The trial court issued writs of habeas corpus. The court of appeals vacated the trial court orders, concluding that the trial court lacks jurisdiction to issue writs of habeas corpus for alien petitions not in state custody and held under federal authority. The Supreme Court reversed in part, holding that state judicial officials acting in counties in which the sheriff has entered into a 287(g) agreement with the federal government do not have the authority to grant applications for the issuance of writs of habeas corpus for and to order the release of individuals held pursuant to immigration-related arrest warrants and detainers. View "Chavez v. McFadden" on Justia Law